THE KUBBY CASE

The Placer County trial of medical marijuana patients Steve Kubby
(former Libertarian gubernatorial candidate) and his wife Michele was
delayed on Monday and will have its fifth judge, John L.Cosgrove,when
it resumes today.

Whether the case will actually begin in earnest is anybody's guess
based on progress of the case to date.

On Monday, Carolyn M. Hagin, a representative from the office of San
Francisco attorney J. Tony Serra, asked Judge James Roeder for a brief
delay.

Mr. Serra, she explained to the judge, was in San Jose, handling a
case where the judge had ordered him to be there because the client
was in custody, and neither he nor the Kubbys' new associate counsel,
J. David Nick (who represented Marvin Chavez in his Orange County
case), was ready for trial.

Judge Roeder denied the motion for a continuance, so the defense used
a peremptory challenge to remove him from the case.

Judge Roeder then assigned the case to Judge Cosgrove and set the date
for Thursday. That bought the defense a few days for more
preparation.

The Kubbys are charged with two counts of conspiracy, possession of
marijuana for sale, marijuana cultivation and five other counts
following a raid on their home near Lake Tahoe when more than 200
plants were discovered.

The Kubbys, both of whom have recommendations from physicians for
medical use of marijuana, say they were growing the plants for their
own medical use, an activity protected by Prop. 215, which voters
approved in 1996.